Send me your personal injury, car wreck, slip and fall or workers comp questions!

Have a burning question that you've wanted answered?

Just send me an email at James@LawFerrell.com or comment to this blog post with your injury law, slip and fall or worker's compensation question and I'll try my best to help you out with an answer.

Questions can be about anything that you've ever wanted to know but have been afraid to ask. I'll put both the questions and answers in new posts this week. So fire away

 

Remember we cannot answer specific legal questions, and if you have any specific legal questions you need to consult an attorney to review your matter.

The Personal Injury Trial Process - What Happens at Trial

 

In an accident or personal injury trial in both Tennessee and Mississippi there are certain steps that occur leading up to and during the trial. Clients are often scared and nervous when it comes to going to court for trial. And this is for good reason. The courthouse is as foreign a place as most people could imagine. There are armed officers guarding the entryways, metal detectors, court reporters, judges in robes and special rules that must be abided by. Rules that you, as an ordinary citizen, don't come across. Rules such as contempt and perjury.

I want each and every one of my clients to feel as comfortable and at ease as possible when they enter the courthouse. For me this begins by helping them understand what will actually happen during the jury trial process.

Here they are, THE 8 STEPS THAT OCCUR AT JURY TRIAL.

 

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How much money is my Tennessee or Mississippi personal injury claim worth?

 

This is the single biggest question a lawyer is asked? I am a personal injury lawyer with a firm and attorneys that serve Tennessee and Mississippi so being asked what the value of an injury is worth comes with territory. And it should, when you’ve been hurt in any type of accident bills start mounting up. There are doctor bills, rehab bills, body shop bills, wrecker bills and bills you don’t even understand. So knowing the value of your personal injury claim is very important.

 

First things first, I’m sure you are aware that I can’t tell you what your claim is worth without ever having talked with you, met with you or reviewed any of your medical files. But you still probably want to know how much is your injury worth.

 

The first thing to look at is how much were your medical bills. There is a direct relationship between the amount of your medical bills and the value of your injury claim. So if you’ve been injured now is not the time to be stoic and stay away from the doctor. You need to make sure that all of your injuries are taken care of. VISIT THE DOCTOR ASAP! If you claim to be injured but don’t visit the doctor then don’t plan on getting much, if anything for your claim.

 

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Q&A: What Happens if you get rear ended?

It's the number one cause of car wrecks and accidents both here in Memphis, Tennessee and in Mississippi, the rear end collision. It usually occurs in one of two ways. Either you're stopping for a red light when someone from behind decides to not stop or your on one of the interstate's on or off ramps and someone plows into you from behind.

In either case the end result can be quite damaging both to your property and your body. In a rear end collision the driver and passengers of the car that was hit often sustain injuries such as whiplash, back pain, neck pain, ruptured disks, bulging disks or herniated disks. And in the most serious of cases someone could be paralyzed or killed as a result of the wreck.

Q: What do you do if you've been hurt in a car wreck where you were rear ended?

A: The first and most important step to take is to get yourself and your passengers to a doctor or hospital to check on your injuries. Often times when a person is struck from behind in a car wreck they aren't yet aware of the totality of their injuries. This can be because of many reasons such as being distraught or from the "rush" of adrenaline that comes from being hit from behind.

You should immediately seek medical attention though to find out the extent of your injuries. Many people don't even recognize the injuries when they first appear, but instead notice them the days after the wreck. If you were hit in a car wreck you need to make sure that you get proper care the day of the injuries (if you can't that day go as soon as possible) or you risk having the insurance company claim that the injuries did not occur in the wreck.

Your next step should be get all of the information from the driver of the vehicle and get the names and contact information of any witnesses who may have seen the accident. You need the name of the other driver so that if a claim is necessary you know who to file it  against. And you should also get the names and contact information of the witnesses so that you will be able to call them if you file a claim. Of course, if you can't do this because you are injured make sure that you have someone else do this for you or make sure the police get the information in their official report.

The third step is to contact your insurance company and let them know of the injury. For reasons why see my previous post here

The final step, if needed, is to contact a reliable and experienced Mississippi or Tennessee personal injury or accident lawyer. They can help make sure that your claim is handled fairly and correctly.

 

 

 

 

Q&A: Fender Bender Car Wrecks

Because we are a personal injury and car wreck law firm we got hundreds of calls a year asking about situations in which people where involved in some type of car accident. We don't always have time to answere these questions on the phone due to our current caseload so here on the Memphis Injury Law Blog I'll try to answer some of our most frequently asked questions.

Question: I was in a small accident where my car crashed into someone else's car while we were both in a parking lot. There wasn't much damage to either of our cars and noone in the other car seemed to be hurt. I don't want to report the accident and have my car insurance rates go up. Do you recommend just settling with the other drive and not reporting this to my insurance company?

Answer: It might be tempting to just attempt to settle everything on your own and not report this to your insurance company, especially if this isn't your first accident. But NOT reporting the accident to your insurance company could be a really BAD idea.

We all make mistakes. And each of us pays an insurance premium, in part, so that we don't have to deal with the headach of the mistake and claim ourself. If you don't report the claim immediately what could happen is that in a few months the guy you hit might find out that his injuries were much worse than both of you previously thought, and his back is still hurting. Because you didn't report the claim to your insurance company you're going to be defending the claim all by yourself.

If you had reported this to your insurance company months ago then his claim would have been handled by your insurance company.  But if it has been months since the insurance and you never notified your insurance company then they are probably going to deny the claim because of "late notice." (Insurance policies typically require you to give "prompt notice" of any claim.  Not notifying them because you were scared your premiums would go up is not a valid reason to not report the claim.)

Now you're stuck with a claim that you're going to have to pay for, and that you're going to have to personally hire a lawyer to defend. If you would have reported the claim to begin with none of this would have happened.

Bottom Line: Report the claim.